TERMS AND CONDITIONS OF ENGAGEMENT

 

The Terms and Conditions set out below apply to your engagement of Overseas Medical Pty Ltd (ACN 605 181 057) trading as Overseas Dental Solutions (‘Overseas Dental Solutions’).

 

The services provided by Overseas Dental Solutions to which these Terms and Conditions apply include but are not limited to:

 

- Oral inspections;
- Introductions or referrals to Third Party Providers of services including but not limited to:

  • dental services;
  • medical services;
  • travel services; and
  • foreign exchange services.

 

- Delivery of third party dental reports and other relevant information for the purposes of the Patient obtaining quotation(s) and/or services from Third Party Providers;
(‘ODS Services’)

 

By agreeing to engage Overseas Dental Solutions for the ODS Services you agree to be bound by these Terms and Conditions. These Terms and Conditions apply to all agreements in relation to the ODS Services and will prevail over any other documentation or communication. If you do not agree to be bound by these Terms and Conditions, then you must immediately advise Overseas Dental Solutions to discontinue providing the ODS Services.

 

Your continued engagement of Overseas Dental Solutions or use of the ODS Services constitutes your ongoing agreement to these Terms and Conditions.

 

Overseas Dental Solutions reserves all rights to alter these Terms and Conditions as set out below at its discretion and without notice to you. Each time you engage Overseas Dental Solutions, it is your responsibility to be aware of the current Terms and Conditions.

 

1. Terms and Definitions
The meaning of some words used in these Terms and Conditions:
Patient” means members of the general public and any other person who engages Overseas Dental Solutions or uses the ODS Services;
Product(s)” means any materials, goods, parts or items supplied to you by Overseas Dental Solutions including but not limited to beauty products, teeth whitening kits, anti snoring devices, luggage, cases for technology products and so forth;
Terms and Conditions” shall mean these Terms and Conditions;
Third Party Provider(s)” means any provider of services, including but not limited to dental services, other medical procedures, travel and foreign exchange services, other than the ODS Services or services directly provided by Overseas Dental Solutions; and
you” and “your” are references to the Patient.

 

2. Services
2.1 The ODS Services are provided for the purposes of introducing you to Third Party Providers with the prospect of obtaining the services of such Third Party Providers.

 

2.2 You agree to undergo an initial oral inspection (and any follow up oral inspection as required by Overseas Dental Solutions)by an Overseas Dental Solutions representative, which results of such inspection may be provided to a Third Party Provider. Overseas Dental Solutions will not provide any treatment to you under these Terms and Conditions.

 

2.3 You agree and acknowledge that Overseas Dental Solutions may modify, improve or discontinue any of the ODS Services to a Patient, at its sole discretion and without notice.

 

2.4 You agree and acknowledge that Overseas Dental Solutions is entitled to modify, improve or discontinue any of the ODS Services that it provides at its sole discretion and without notice to you. Furthermore, you agree and acknowledge that Overseas Dental Solutions may require you to engage the services of third parties for the purposes of providing the ODS Services. You agree to undertake any additional testing, x-rays or other investigative works as deemed necessary by Overseas Dental Solutions for the purposes of any oral inspections conducted under clause 2.2.

 

2.5 You warrant to provide all relevant, accurate and up to date information to Overseas Dental Solutions in relation to the ODS Services.

 

2.6 You acknowledge that Overseas Dental Solutions may receive and is entitled to abenef it (financial or otherwise, including commission payment) from any Third Party Providers in connection with any introduction by you to a Third Party Provider. Overseas Dental Solutions will not be obliged under any circumstances to disclose to you any such financial benefit received.

 

2.7 Overseas Dental Solutions may supply you with Products, which Products will be supplied pursuant to relevant laws operating at the time in Victoria, Australia. You will be required to make payment (including any GST) for any Products supplied, at the time of supply (or otherwise as agreed by Overseas Dental Solutions) according to the price as quoted (written or verbal), to Overseas Dental Solutions.

 

3. Disclaimer, Acknowledgement of Risk and Third Parties
3.1 You acknowledge that standards of medical advice, procedures and care outside of Australia may be different to Australian standards for such advice, procedures and standard of care. You further acknowledge that any medical advice, procedure, other service or the services that you engage or receive from a Third Party Provider carries significant risk and may not be successful or may cause injury or have side effects.

 

3.2 You agree that a quote or services of a Third Party Provider is completely separate from Overseas Dental Solutions. Such quote or services of a Third Party Provider will be provided according to separate terms and conditions between you and such Third Party Provider. Overseas Dental Solutions does not accept any liability arising from any services provided by any Third Party Provider or otherwise.

 

3.3 You acknowledge that:

 

(a) Overseas Dental Solutions’role is to merely introduce you to the Third Party Provider. Overseas Dental Solutions does not make any express or implied representation or warranty that any of the goods or services supplied by a Third Party Provider to you will be fit for your required purpose or supplied by them with reasonable care and skill;
(b) Any services provided by a Third Party Provider may be subject to the terms and conditions and limitations of liability as may be separately imposed by hospitals, clinics, dentists or doctors (which may limit or exclude liability in respect of death, personal injury, delay and loss or damage of personal belongings) subject to the laws of the respective country in which such Third Party Provider is located;
(c) Any costs and expenses incurred or charges to you, including but not limited to travel, accommodation, hospital, medical supply or service providers and Third Party Providers are your own responsibility and at your own cost.Overseas Dental Solutions is not responsible for such costs, expenses or charges for any reason whatsoever.

 

3.4 In no event will Overseas Dental Solutions be responsible or liable for any losses or damages whatsoever suffered or incurred by you, whether for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting, from any:

 

(a) Communications or meetings with you or other Patients;
(b) Errors, mistakes or inaccuracies of material or information on the website or provided in conjunction with the ODS Services;
(c) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the ODS Services or any services of a Third Party Provider; and/or
(d) Any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the website or conjunction with provision of the ODS Services or by the provision of services provided by a Third Party Provider.

 

3.5 Overseas Dental Solutions does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a Third Party Provider through the website or the provision of the ODS Services, Products or any application or featured in any banner or other advertising, and Overseas Dental Solutions will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Providers of products or services.

 

3.6 Without limiting any of the provisions set out in this clause 3, Overseas Dental Solutions does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of hospitals, doctors, clinics, dentists and other providers of goods and services to you directly or indirectly in connection with any of the ODS Services or Products provided to you by Overseas Dental Solutions.

 

4. Indirect Loss
In no event shall Overseas Dental Solutions be liable for any loss or damage suffered by you or any third party, howsoever caused, including but not limited to special, incidental, indirect, or consequential loss, economic loss, loss of turnover, profits, goodwill or revenue, whether or not any member of Overseas Dental Solutions was aware of or may reasonably have anticipated such losses may be incurred.

 

5. Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, Overseas Dental Solutions, Overseas Dental Solutions’ officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth))from any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
(a) your use of and access to the ODS Services;
(b) your use of Products;
(c) your violation of any third party right, including any copyright, property, or privacy right; or
(d) any breach of your obligations under these Terms and Conditions.

 

6. No Warranty
6.1 You agree that your use of the ODS Services is solely at your risk. To the fullest extent permitted by law, Overseas Dental Solutions, its officers, employees and agents disclaim all warranties whether express or implied in connection with the ODS Services and your use of them.

 

6.2 Overseas Dental Solutions makes no warranty and does not represent that the goods and services provided by Third Party Providers are safe and risk free nor does Overseas Dental Solutions warrant the success of any Third Party Provider’s work in connection to the ODS Services or other services.

 

6.3 Overseas Dental Solutions does not warrant as to the fitness and appropriateness of any the products or services provided by Third Party Providers in connection with the ODS Services and you agree that Overseas Dental Solutions shall in no way be responsible for your dealings with third parties. Any decision to contract with the Third Party Provider to provide services to you will be solely your decision and at your risk.

 

7. Privacy and Confidentiality
7.1 These Terms and Conditions are subject to our Privacy Policy which is published on our website (www.overseasdentalsolutions.com.au) and forms part of these Terms and Conditions. The Privacy Policy may be updated from time to time.
7.2 Any information about you received by Overseas Dental Solutions in conjunction with the provision of the ODS Services will be kept confidential, subject to these Terms and Conditions and the Privacy Policy.
7.3 You acknowledge that certain information collected in conjunction with the provision of ODS Services by Overseas Dental Solutions may be disclosed to Third Party Providers in circumstances where it is appropriate and reasonable. If you have any concerns about such disclosure, refer to our Privacy Policy (contained on our website) for your rights.

 

8. Fees and Cancellation

 

8.1 Signup Fee

 

A signup fee of $250 is immediately payable upon your engagement of Overseas Dental Solutions (‘Signup Fee’).

 

The Signup Fee is not refundable in any circumstance.

 

8.2 Cancellation

 

Cancellation requests must be made in writing and e-mailed to the below email address with the subject line of “CANCELATION – [PATIENT NAME]- [DATE OF TRAVEL]”

 

E-mail: admin@overseasdentalsolutions.com.au

 

8.3 Administrative Fee

 

A cancellation by you requires Overseas Dental Solutions to undertake administrative tasks.

 

The following administrative charges are immediately payable by you, to Overseas Dental Solutions, when cancelling a service (‘Administrative Fee’).

 

8.3.1 If you cancel treatment, while in Australia, prior to having departed for treatment:

 

(a) 60 days prior to the anticipated treatment date, there is no Administrative Fee;

 

(b) 59-30 days prior to the treatment date, the Administrative Fee is $250.00; and

 

(c) within 29 days or less prior to the treatment date, the Administrative Fee is $350.00.

 

8.3.2 If you cancel treatment, while in the country of origin, from which the treatment will be provided,the Administrative Fee is $400.00.

 

9. Survival of clauses
Clauses 4 to 16 (inclusive) survive termination of these Terms and Conditions.

 

10. Waiver
Failure by Overseas Dental Solutions to insist upon strict performance of any term, warranty or condition of these Terms and Conditions shall not be deemed as a waiver thereof or of any rights Overseas Dental Solutions may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

 

11. Notice
Any notice to be given by you to Overseas Dental Solutions shall be sent to Overseas Dental Solutions’ address that appears below, or as otherwise notified to you by Overseas Dental Solutions. No notice shall be deemed to be given until it is actually received at such address.

 

12. Severance
Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, then it will be severed. The remaining provisions of these terms, and the validity or enforceability of that provision in any other jurisdiction, will not be affected.

 

13. Governing Law
Youagree that all connections, associations, agreements or contracts made with Overseas Dental Solutions shall be deemed to be made in the State of Victoria, Australia and these Terms and Conditions are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

 

14. Force Majeure
If the performance of the Overseas Dental Solutions obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, breakdown of software or hardware equipment or any other cause beyond the reasonable control of Overseas Dental Solutions, Overseas Dental Solutions will not be liable for any loss or damage suffered by you or any other person and you will give Overseas Dental Solutions written notice if the force majeure event has continued unabated for thirty (30) days.

 

15. Website Information
Materials presented on this website contain information from third party sources and may not be comprehensive or complete. Whilst Overseas Dental Solutions endeavours to keep information on this Website current, it does not guarantee the accuracy of information published on the website.

 

16. General
Overseas Dental Solutions reserves the right to amend these Terms and Conditions from time to time. Your continued use of the ODS Services following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.

 

Enquiries:
If you have any queries please contact customer service on (03) 9458 3037 or email: admin@overseasdentalsolutions.com.au
Overseas Medical Pty Ltd
Head Office: Rosanna Melbourne, Victoria Australia 3084
Phone: +61 (03) 9458 3037
Email: admin@overseasdentalsolutions.com.au

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